I 

115TH CONGRESS 

2D SESSION H. R. 5907 

To provide directors of the National Laboratories signature authority for 

certain agreements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2018 

Mr. HULTGREN (for himself, Mr. PERLMUTTER, Mr. SMITH of Texas, Mr. 

LUCAS, Mr. WEBER of Texas, Mr. KNIGHT, Mr. DUNN, Mr. NORMAN, 

Mr. BABIN, Mr. HIGGINS of Louisiana, Mrs. LESKO, and Mr. BEN RAY

LUJA ́N of New Mexico) introduced the following bill; which was referred 

to the Committee on Science, Space, and Technology 

A BILL 

To provide directors of the National Laboratories signature 

authority for certain agreements, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Innovation 

5 Modernization by Laboratory Empowerment Act’’ or the 

6 ‘‘NIMBLE Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Energy. 

3 (2) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ means a Department of Energy 

5 nonmilitary national laboratory, including— 

6 (A) Ames Laboratory; 

7 (B) Argonne National Laboratory; 

8 (C) Brookhaven National Laboratory; 

9 (D) Fermi National Accelerator Labora10 tory; 

11 (E) Idaho National Laboratory; 

12 (F) Lawrence Berkeley National Labora13 tory; 

14 (G) National Energy Technology Labora15 tory; 

16 (H) National Renewable Energy Labora17 tory; 

18 (I) Oak Ridge National Laboratory; 

19 (J) Pacific Northwest National Labora20 tory; 

21 (K) Princeton Plasma Physics Laboratory; 

22 (L) Savannah River National Laboratory; 

23 (M) Stanford Linear Accelerator Center; 

24 (N) Thomas Jefferson National Accel25 erator Facility; and 


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1 (O) any laboratory operated by the Na2 tional Nuclear Security Administration, but 

3 only with respect to the civilian energy activities 

4 thereof. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Energy. 

7 SEC. 3. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER8 CIALIZATION. 

9 (a) IN GENERAL.—Subject to subsections (b) and (c), 

10 the Secretary shall delegate to directors of the National 

11 Laboratories signature authority with respect to any 

12 agreement described in subsection (b) the total cost of 

13 which (including the National Laboratory contributions 

14 and project recipient cost share) is less than $1,000,000, 

15 if such an agreement falls within the scope of— 

16 (1) a strategic plan for the National Laboratory 

17 that has been approved by the Department; or 

18 (2) the most recent congressionally approved 

19 budget for Department activities to be carried out by 

20 the National Laboratory. 

21 (b) AGREEMENTS.—Subsection (a) applies to— 

22 (1) a cooperative research and development 

23 agreement; 

24 (2) a non-Federal work-for-others agreement; 

25 and 


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1 (3) any other agreement determined to be ap2 propriate by the Secretary, in collaboration with the 

3 directors of the National Laboratories. 

4 (c) ADMINISTRATION.— 

5 (1) ACCOUNTABILITY.—The director of the af6 fected National Laboratory and the affected con7 tractor shall carry out an agreement under this sec8 tion in accordance with applicable policies of the De9 partment, including by ensuring that the agreement 

10 does not compromise any national security, eco11 nomic, or environmental interest of the United 

12 States. 

13 (2) CERTIFICATION.—The director of the af14 fected National Laboratory and the affected con15 tractor shall certify that each activity carried out 

16 under a project for which an agreement is entered 

17 into under this section does not present, or mini18 mizes, any apparent conflict of interest, and avoids 

19 or neutralizes any actual conflict of interest, as a re20 sult of the agreement under this section. 

21 (3) AVAILABILITY OF RECORDS.—Within 30 

22 days of entering an agreement under this section, 

23 the director of a National Laboratory shall submit 

24 to the Secretary for monitoring and review all 


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1 records of the National Laboratory relating to the 

2 agreement. 

3 (4) RATES.—The director of a National Lab4 oratory may charge higher rates for services per5 formed under a partnership agreement entered into 

6 pursuant to this section, regardless of the full cost 

7 of recovery, if such funds are used exclusively to 

8 support further research and development activities 

9 at the respective National Laboratory. 

10 (d) EXCEPTION.—This section does not apply to any 

11 agreement with a majority foreign-owned company. 

12 (e) CONFORMING AMENDMENT.—Section 12 of the 

13 Stevenson-Wydler Technology Innovation Act of 1980 (15 

14 U.S.C. 3710a) is amended— 

15 (1) in subsection (a)— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as subparagraphs (A) and (B), respectively, 

18 and indenting the subparagraphs appropriately; 

19 (B) by striking ‘‘Each Federal agency’’ 

20 and inserting the following: 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), each Federal agency’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

25 (1), in accordance with section 3(a) of the NIMBLE 


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1 Act, approval by the Secretary of Energy shall not 

2 be required for any technology transfer agreement 

3 proposed to be entered into by a National Labora4 tory of the Department of Energy, the total cost of 

5 which (including the National Laboratory contribu6 tions and project recipient cost share) is less than 

7 $1,000,000.’’; and 

8 (2) in subsection (b), by striking ‘‘subsection 

9 (a)(1)’’ each place it appears and inserting ‘‘sub10 section (a)(1)(A)’’. 

11 SEC. 4. SAVINGS CLAUSE. 

12 Nothing in this Act or an amendment made by this 

13 Act abrogates or otherwise affects the primary responsibil14 ities of any National Laboratory to the Department. 

Æ 


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